VidhiSangh

Supreme Court of India · 23/04/2025

X ETC. versus RAJESH KUMAR & ORS.

[2025] 4 S.C.R. 1909 · 2025 INSC 579

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Summary

The Supreme Court set aside a Kerala High Court order that had quashed FIRs under Sections 7 and 8 of the POCSO Act against a school computer teacher accused of touching female students' hands in the computer lab, asking invasive questions and sending obscene images. The High Court had conducted a mini trial on preliminary statements and wrongly read Section 7 as requiring physical contact of a particular kind; the allegations prima facie fell within 'any other act with sexual intent which involves physical contact', and the matter was restored for trial with protective directions.

Issues

  1. Whether the High Court could quash FIRs under Sections 7 and 8 of the POCSO Act at the threshold by evaluating the victims' preliminary statements and concluding that no sexual intent could be inferred.
  2. Whether holding the hands of students while using the mouse, by a teacher in a position of authority, accompanied by invasive questions and obscene messages, prima facie constitutes sexual assault under Section 7 of the POCSO Act.
  3. What directions were required to protect the child victims and ensure an expeditious trial.

Provisions considered

Held

Result

Appeals allowed; High Court judgment quashing the FIRs set aside; trial court to proceed with the trial, conclude framing of charges within two weeks and record the victims' statements first; victims to be treated as protected witnesses; respondent No. 1 to remain under suspension till conclusion of trial; pending interlocutory application disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1909.